aggravated injury

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Latest post Fri, Sep 29 2006 8:35 AM by Fred Hait. 5 replies.
  • Wed, Sep 6 2006 4:02 PM

    • dennis3
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    • Joined on Wed, May 17 2006
    • Posts 8

    Feedback [*=*] aggravated injury

    I had aggravated a preexisting back injury at work. I reported it the next day to my supervisor, and asked them to send me to a doctor, they had waited almost 2 days and then told me to go to my doctor. I was getting epidoral injections prior to this injury because my back was hurting. I dii have a previous injury about 6 years prior and surgery.There insurance company denied WC benefits stating that I was being treated for a previous back injury. Please shed some light on this.
    Thanks
  • Thu, Sep 7 2006 8:08 AM In reply to

    Feedback [*=*] re: aggravated injury

    The question would be whether there was an aggravation, that is, a worsening of your condition, either permanent or temporary, caused by your work. It there was, the aggravation would be a work related injury. It's not always easy to figure out, but if you were treating with the same doctor previously, that should help. I suggest consulting an attorney.
  • Fri, Sep 15 2006 10:35 AM In reply to

    • dennis3
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    • Joined on Wed, May 17 2006
    • Posts 8

    Question [=?] re: aggravated injury

    If the treating doctor testifies that the injury has worsened my condition that would be considered an aggravation.
    Their doctor says that thisis caused by a previous injury, even though I did get hurt at this job and I can tell my back condition got worse.

    Could you give some insight as to how the judge looks at these types of injuries, where you did have a prior back injury from another workplace.
  • Sun, Sep 17 2006 10:06 AM In reply to

    Feedback [*=*] re: aggravated injury

    Hi Dennis,

    The Judge will look at this as a medical issue. The doctors will testify about the condition and the Judge will have to decide if there was actually a change in the condition, making it worse, or whether this is just symptoms of the old injury coming back. Some of your testimony will be important also - are the symptoms the same as before or is something different. Diagnostic studies are also improtant, as they can sometimes show a worsening.
  • Thu, Sep 28 2006 8:18 AM In reply to

    • dennis3
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    • Joined on Wed, May 17 2006
    • Posts 8

    Question [=?] re: aggravated injury

    If survailance tapes are obtained, are they presented in court prior to the final hearing or before. Also do they need to notify the claimants attorney that tapes will be presented to the court.
    Would you please expand on the legal procedure on presenting survailance evidence.

    Thank you
  • Fri, Sep 29 2006 8:35 AM In reply to

    Feedback [*=*] re: aggravated injury

    The Workers' Compensation rules require that all evidence be disclosed to the other side, but we often do not actually see surveillance evidence before it is presented at a hearing.
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